WSR 15-21-072 PROPOSED RULES DEPARTMENT OF LICENSING [Filed October 20, 2015, 11:40 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-17-087.
Title of Rule and Other Identifying Information: Chapter 308-20 WAC, Cosmetology—Barber—Manicurist—Esthetician rules, to implement SHB 1063.
Hearing Location(s): Department of Licensing, Business and Professions Division, Building 2, Conference Room 209, 405 Black Lake Boulevard S.W., Olympia, WA 98502, on December 4, 2015, at 11:00 a.m.
Date of Intended Adoption: December 10, 2015.
Submit Written Comments to: Cameron Dalmas, Department of Licensing, Cosmetology Program, P.O. Box 9026, Olympia, WA 98507, e-mail plssunit@dol.wa.gov, fax (360) 664-6643, by December 4, 2015.
Assistance for Persons with Disabilities: Contact Cameron Dalmas by December 4, 2015, TTY (360) 664-0116 or (360) 664-6643.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department will amend chapter 308-20 WAC to:
Amending WAC 308-20-010 Definitions, 308-20-080 Minimum instruction guidelines for cosmetology, barbering, manicuring and esthetics training, 308-20-090 Student credit for training in a licensed school, and 308-20-210 Fees.
Reasons Supporting Proposal: SHB 1063 was passed during the 2015 legislative session giving the department authority to make changes to chapter 308-20 WAC.
Statute Being Implemented: Chapter 18.16 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Susan Colard, Administrator, 405 Black Lake Boulevard S.W., Olympia, WA 98502, (360) 664-6647.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are exempt under RCW 34.05.310 (4)(g)(ii).
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i).
October 20, 2015
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-06-092, filed 3/2/10, effective 4/2/10)
WAC 308-20-010 Definitions.
(1) "Chemical compounds formulated for professional use only" are those compounds containing hazardous chemicals in a form not generally sold to the public; including but not limited to, bulk concentrates of permanent wave solution, neutralizers, chemical relaxers, oxidizing agents, flammable substances, facial creams, or approved chemical compounds. These compounds must be designated for use on the hair, face, neck, skin, or scalp.
(2) "Monthly student report" are forms provided by the school, approved by the department, preprinted with the school name. The report must include the month, year and daily activities of the student in each subject, (i.e., number of shampoos, haircuts, perms, colors, etc.) within each course (i.e., barbering, manicuring, cosmetology, hair design, esthetics, master esthetics, or instructor-trainee).
(3) "Completed and graduated" is the completion of the school curriculum and the state approved minimum hourly course of training.
(4) "Apprentice salon/shop" is a location certified by the Washington state apprenticeship and training committee, that provides training for individuals accepted into the apprenticeship program. Apprentice salon/shops shall not receive payment from the apprentice for training.
(5) "Apprentice trainer" is a person that is currently licensed and in good standing. This person provides training in a licensed shop approved for the apprenticeship program, who must have received journey level training and have held a license in the curriculum for which he or she is providing training for a minimum of three years.
(6) "Journey level training" is the completion of three years working as a licensed cosmetologist, hair designer, barber, manicurist ((or)), esthetician, or master esthetician.
(7) "Completion of the apprenticeship training" is the completion of the apprentice salon/shop curriculum that includes the state approved hourly course of training as described in WAC 308-20-080.
(8) "Monthly apprentice report" forms provided by the apprentice shop, approved by the department, printed with the shop name, for use in recording apprentice training hours and activities.
(9) "Online training" means an approved electronic learning environment through a licensed school in which a student is enrolled. This training is limited to theory only. Online training may be used for up to twenty-five percent of the approved course of study.
AMENDATORY SECTION (Amending WSR 13-24-042, filed 11/26/13, effective 1/1/14)
WAC 308-20-080 Minimum instruction guidelines for cosmetology, hair design, barbering, manicuring ((and)), esthetics and master esthetics training.
The minimum instruction guidelines for training required for a student or apprentice to be eligible to take the license examination for the following professions shall include:
(1) For cosmetology:
(a) Theory of the practice of cosmetology including business practices and basic human anatomy and physiology;
(b) At least 100 hours of skills in the application of manicuring and pedicuring services;
(c) At least 100 hours of skills in the application of esthetics services;
(d) Shampooing including draping, brushing, scalp manipulations, conditioning and rinsing;
(e) Scalp and hair analysis;
(f) Hair cutting and trimming including scissors, razor, thinning shears and clippers;
(g) Hair styling including wet, dry and thermal styling, braiding and styling aids;
(h) Cutting and trimming of facial hair including beard and mustache design and eyebrow, ear and nose hair trimming;
(i) Artificial hair;
(j) Permanent waving including sectioning, wrapping, preperm test curl, solution application, processing test curl, neutralizing and removal of chemicals;
(k) Chemical relaxing including sectioning, strand test, relaxer application, and removal of chemicals;
(l) Hair coloring and bleaching including predisposition test and strand test, and measurement, mixing, application and removal of chemicals;
(m) Sanitizing and disinfecting of individual work stations, individual equipment and tools and proper use and storage of linens;
(n) Diseases and disorders of the scalp, hair, skin and nails;
(o) Safety including proper use and storage of chemicals, implements and electrical appliances;
(p) First aid as it relates to cosmetology; and
(q) ((No more than twenty-five percent of skills training using)) Not all training may be on mannequins.
(2) For hair design:
(a) Theory of the practice of hair design including business practices and basic human anatomy and physiology;
(b) Shampooing including draping, brushing, scalp manipulations, conditioning and rinsing;
(c) Scalp and hair analysis;
(d) Hair cutting and trimming including scissors, razor, thinning shears and clippers;
(e) Hair styling including wet, dry and thermal styling, braiding and styling aids;
(f) Cutting and trimming of facial hair including beard and mustache design and eyebrow, ear and nose hair trimming;
(g) Artificial hair;
(h) Permanent waving including sectioning, wrapping, preperm test curl, solution application, processing test curl, neutralizing and removal of chemicals;
(i) Chemical relaxing including sectioning, strand test, relaxer application, and removal of chemicals;
(j) Hair coloring and bleaching including predisposition test and strand test, and measurement, mixing, application and removal of chemicals;
(k) Cleaning and disinfecting of individual work stations, individual equipment and tools and proper use and storage of linens;
(l) Diseases and disorders of the scalp and hair;
(m) Safety including proper use and storage of chemicals, implements and electrical appliances;
(n) First aid as it relates to hair design; and
(o) Not all training may be on mannequins.
(3) For barbering:
(a) Theory of the practice of barbering services ((and)), business practices and basic human anatomy and physiology;
(b) Shampooing including draping, brushing, scalp manipulations, conditioning and rinsing;
(c) Scalp and hair analysis;
(d) Hair cutting and trimming including scissors, razor, thinning shears and clippers;
(e) Hair styling, wet, dry and thermal styling and styling aids;
(f) Cutting and trimming of facial hair including shaving, beard and mustache design and eyebrow, ear and nose hair trimming;
(g) Artificial hair;
(h) Sanitizing and disinfecting of individual work stations, individual equipment and tools and proper use and storage of linens;
(i) Diseases and disorders of the skin, scalp and hair;
(j) Safety including proper use of implements and electrical appliances;
(k) First aid as it relates to barbering; and
(l) ((No more than twenty-five percent of skills training using mannequins.
(3))) Not all training may be on mannequins.
(4) For manicuring:
(a) Theory in the practice of manicuring and pedicuring services ((and)), business practices and basic human anatomy and physiology;
(b) Artificial nails including silk, linen, fiberglass, acrylic, gel, powder, extensions and sculpting, preparation, application, finish and removal;
(c) Cleaning, shaping and polishing of nails of the hands and feet and treatment of cuticles;
(d) Sanitizing and disinfecting of individual work station, individual equipment and tools and proper use and storage of linens;
(e) Diseases and disorders of the nails of the hands and feet;
(f) Safety including proper use and storage of chemicals, implements and electrical appliances;
(g) First aid as it relates to manicuring and pedicuring; and
(h) ((No more than twenty-five percent of skills training using mannequins.
(4))) Not all training may be on mannequins.
(5) For esthetics:
Theory in the practice of esthetics services ((and)), business practices and basic human anatomy and physiology (750 hours):
(a) Care of the skin, compresses, massage, facials, wraps, masks, exfoliation, use of electrical or mechanical appliances or chemical compounds;
(b) Temporary removal of superfluous hair of the skin by means including tweezing, waxing, tape, chemicals, lotions, creams, sugaring, threading, mechanical or electrical apparatus and appliances;
(c) Sanitizing and disinfecting of individual work stations, individual equipment and tools and proper use and storage of linens;
(d) Diseases and disorders of the skin of the face, neck and hands;
(e) Safety including proper use and storage of chemicals, implements and electrical appliances;
(f) First aid as it relates to esthetics; and
(g) ((No more than twenty-five percent of skills)) Not all training using mannequins.
(((5))) (6) Master esthetics (450 additional hours):
Theory in the practice of master esthetics ((and)), business practices ((includes)), and basic human anatomy and physiology including all of subsection (4) of this section and the following:
(a) ((Exfoliation and medical esthetic procedures;
(b))) Laser, light frequency, radio frequency, ultrasound, and plasma practices;
(((c))) (b) Medium depth chemical peels;
(((d))) (c) Advanced client assessment, documentation, and indications/contraindications;
(((e))) (d) Pretreatment and post-treatment procedures;
(((f))) (e) Lymphatic drainage and advanced facial massage;
(((g))) (f) Advanced diseases and disorders of the skin; and
(((h))) (g) Advanced theories; alternative, touch, and spa body treatments.
(7) Online training curriculums must be approved by the department.
AMENDATORY SECTION (Amending WSR 13-24-042, filed 11/26/13, effective 1/1/14)
WAC 308-20-090 Student credit for training in a licensed school.
(1) A maximum of twenty students per instructor is required within a licensed school.
(2) Only those hours of instruction a student is given under the direction of a licensed instructor of the licensed school in which the student is enrolled and in the courses listed in WAC 308-20-080 and 308-20-105 or hours earned under WAC 308-20-091 shall be credited toward completion of the course of study required in RCW 18.16.100.
(3) When all of a school's requirements have been met by a student and within thirty days of a student leaving a school, the school shall provide to the student a certified copy of the student's final report and refer the student for examination(s) in a manner and format prescribed by the department.
(4) Students may transfer between the schools and apprenticeship salon/shops licensed under chapter 18.16 RCW and may receive credit toward completion of the curriculum in the new school or apprenticeship salon/shop. In order to enroll a transfer student or apprentice, the new school or apprentice salon/shop shall do the following:
(a) Confirm that the student is available for transfer through the student registration process in a manner and format prescribed by the department;
(b) Evaluate the certified final student report provided by the student or apprentice and compare the report with the new school or apprentice salon/shop curriculum requirements; and
(c) The new school or apprentice salon/shop may accept or reject the final student or apprentice report in part or in total from the previous school or salon/shop and shall prepare a monthly report that documents the amount of instructions being accepted.
(5) Both the transferring and receiving school or salon/shop shall maintain student or apprentice records including the transfer record as required in WAC 308-20-040(4).
(6) Licensed instructors must be physically present where the students are training with the exception of approved online theory training.
(7) Certified training hours expire three years after the last day of attendance. Any hours earned by a student that are more than three years old are considered by the department to be expired and will not be considered valid towards initial licensure.
(8) Documentation providing evidence of experience as a licensed cosmetologist, hair designer, barber, manicurist, esthetician or master esthetician credited towards instructor training shall be included in the student record as required in WAC 308-20-040(4).
AMENDATORY SECTION (Amending WSR 13-24-042, filed 11/26/13, effective 1/1/14)
WAC 308-20-210 Fees.
In addition to any third-party examinations fees, the following fees shall be charged by the professional licensing division of the department of licensing:
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